Common use of Compensation for Breakage or Non-Commencement of Interest Periods Clause in Contracts

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower.

Appears in 3 contracts

Samples: Aircraft Mortgage and Security Agreement (Fortress Transportation & Infrastructure Investors LLC), Credit Agreement (New Fortress Energy Inc.), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

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Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower Representative shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower Representative.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Term Loan (whether voluntaryincluding, mandatorywithout limitation, automaticpursuant to Section 2.10, by reason of acceleration2.11, or otherwise5.10 and 5.15 hereof); or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by the Company.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower.

Appears in 2 contracts

Samples: Security Agreement (Pioneer Energy Services Corp), Patent Security Agreement (BlueLinx Holdings Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by Administrative Agent or such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO their Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrowers.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment reemployment of such funds funds, but excluding loss of anticipated profits) which such Lender may sustain: (i) if if, for any reason (other than a default by such Lender) Lender or pursuant to Section 2.14(a)), a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day day, other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Each Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurocurrency Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurocurrency Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by Companysuch Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (P10, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request by electronic mail for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request by electronic mail for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Each Borrower shall compensate each LenderBank, upon written request by such Lender Bank (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender Bank to lenders banks of funds borrowed by it to make or carry its LIBO Rate LIBOR Loans, Euribor Loans or BA Loans and any loss, expense or liability sustained by such Lender Bank in connection with the liquidation or re‑employment re employment of such funds but excluding loss of anticipated profits) which such Lender Bank may sustain: (i) if for any reason (other than a default by such LenderBank) a borrowing of any LIBO Rate LIBOR Loan, Euribor Loan or BA Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate Loan LIBOR Loans, Euribor Loans or BA Loans does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Rate LIBOR Loans, Euribor Loans or BA Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntaryincluding, mandatorywithout limitation, automatic, by reason of acceleration, or otherwisepursuant to Section 2.18(b) hereof); or (iii) if any prepayment of any of its LIBO Rate LIBOR Loans, Euribor Loans or BA Loans is not made on any date specified in a notice of prepayment given by Companysuch Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntaryincluding, mandatorywithout limitation, automatic, by reason of acceleration, or otherwisepursuant to Section 2.13(c) hereof); or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Gentek Inc), First Lien Credit and Guaranty Agreement (Gentek Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such that Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, costs and expenses and liabilities sustained by that Lender (including any interest paid or calculated to be due losses, costs and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Loans and any loss, expense or liability expenses actually sustained by such that Lender in connection with the liquidation or re‑employment re-employment of such deposits or other funds acquired by it to make or carry the subject LIBOR Loans but excluding any loss of anticipated profits) which such Lender may sustain: ): (i) if for any reason (other than a default by such Lenderthat Lender or Administrative Agent) a borrowing of any LIBO Rate LIBOR Loan does not occur on a date specified therefor in a Funding Notice of Borrowing or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate LIBOR Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment (including any prepayment pursuant to subsection 2.4B(i)) or other principal payment of, or any conversion of, of any of its LIBO Rate LIBOR Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO Rate LIBOR Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging Inc /De/)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBORSOFR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBORSOFR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBO LIBORSOFR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBORSOFR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBORSOFR Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, within ten Business Days upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable actual losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aurora Diagnostics Holdings LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Companies shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Term Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyCompany Agent.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Companysuch Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses expenses, and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense expense, or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; Notice, (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); , or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 1 contract

Samples: Credit Agreement (Orbital Energy Group, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion or (pursuant to Section 2.24(b)) assignment of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower (notwithstanding that such notice may subsequently be rescinded to the extent permitted by Section 2.13).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable and documented losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Funding/Issuance Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Proliance International, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntaryincluding, mandatorywithout limitation, automatic, by reason of acceleration, or otherwisepursuant to Section 2.13(b) hereof); or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (X Rite Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, borrowing or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Term Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vertex Energy Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such that Lender (which request shall set forth in writing the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including including, without limitation, any interest paid or calculated to be due and payable by such that Lender to lenders of funds borrowed by it to make or carry its LIBO Rate LIBOR Loans and any lossloss (excluding any anticipated profit associated with the Pricing Margin), expense or liability sustained by such that Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profitsfunds) which such that Lender may sustain: (i) if for any reason (other than a default by such that Lender) a borrowing of any LIBO Rate LIBOR Loan does not occur on a date specified therefor in a Funding Notice of Borrowing or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate LIBOR Loan does not occur on a date specified therefor in a Notice of Conversion/Continuation Notice or a telephonic request for conversion or continuation; , (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Rate LIBOR Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntaryLoan, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO Rate LIBOR Loans is not made on any date specified in a notice of prepayment given by Company, or (iv) as a consequence of any other default by Company in the repayment of its LIBOR Loans when required by the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Oakley Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment reemployment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or pursuant to Section 2.14(a)(ii)) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Cit Group Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon within 30 days written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustainactually incurs: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurocurrency Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurocurrency Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurocurrency Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurocurrency Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurocurrency Rate Loans is not made on any date specified in a notice of prepayment given by the Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower.

Appears in 1 contract

Samples: Credit Agreement (Intrawest Resorts Holdings, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate SOFR Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Rate SOFR Loan does not occur on a date specified therefor in a Funding Notice Borrowing Request or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate SOFR Loan does not occur on a date specified therefor in a Conversion/Continuation Notice notice 102120121 of conversion or continuation or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Rate SOFR Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Rate SOFR Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower.

Appears in 1 contract

Samples: Patent Security Agreement (Soundhound Ai, Inc.)

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Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Term Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than in the event of a default by such Lender) the Borrowing in making a borrowing of any LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingof, or continuation of, any Term Loan after the Borrower has given a conversion to or continuation notice requesting the same in accordance with the provisions of any LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationthis Agreement; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Rate Term Loans occurs on any day other than the last day of an Interest Period applicable to that Term Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); ) or (iii) if in the event of a default by the Borrower in making any prepayment of any of its LIBO Rate Loans is not made on any date specified in after the Borrower has given a notice thereof in accordance with the provisions of prepayment given by Companythis Agreement (which notice has not been revoked in accordance with the provisions of this Agreement).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Rate Loans is not made on any date specified in a notice of prepayment given by Company.or

Appears in 1 contract

Samples: Credit and Guaranty Agreement

Compensation for Breakage or Non-Commencement of Interest Periods. The Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by the Company.

Appears in 1 contract

Samples: Financing Agreement (Global Geophysical Services Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to - 64 - US-DOCS\116826573.25 or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Companies shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: sustain (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, acceleration or otherwise); or (iii) if any prepayment of any of its LIBO Rate Loans is not made on any date specified in a notice of prepayment given by CompanyCredit Party Representative.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Landec Corp \Ca\)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such -71- Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntaryincluding, mandatorywithout limitation, automatic, by reason of acceleration, or otherwisepursuant to Section 2.15 hereof); or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Companysuch Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO Rate Loans is not made on any date specified in a notice of prepayment given by Company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Term Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Borrower.

Appears in 1 contract

Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Each Borrower shall compensate each LenderBank, upon written request by such Lender Bank (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender Bank to lenders banks of funds borrowed by it to make or carry its LIBO Rate LIBOR Loans, Euribor Loans or BA Loans and any loss, expense or liability sustained by such Lender Bank in connection with the liquidation or re‑employment re employment of such funds but excluding loss of anticipated profits) which such Lender Bank may sustain: (i) if for any reason (other than a default by such LenderBank) a borrowing of any LIBO Rate LIBOR Loan, Euribor Loan or BA Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate Loan LIBOR Loans, Euribor Loans or BA Loans does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Rate LIBOR Loans, Euribor Loans or BA Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntaryincluding, mandatorywithout limitation, automatic, by reason of acceleration, or otherwisepursuant to 2.18(b) hereof); or (iii) if any prepayment of any of its LIBO Rate LIBOR Loans, Euribor Loans or BA Loans is not made on any date specified in a notice of prepayment given by Companysuch Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment reemployment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or pursuant to Section 2.14(a)(ii)) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrowers.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cit Group Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. The Company shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re- employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by the Company.

Appears in 1 contract

Samples: Settlement Agreement

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Term Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than in the event of a default by such Lender) the Borrowing in making a borrowing of any LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingof, or continuation of, any Term Loan after the Borrower has given a conversion to or continuation notice requesting the same in accordance with the provisions of any LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationthis Agreement; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Rate Term Loans occurs on any day other than the last day of an Interest Period applicable to that Term Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); ) or (iii) if in the event of a default by the Borrower in making any prepayment of any of its LIBO Rate Loans is not made on any date specified in after the Borrower has given a notice thereof in accordance with the provisions of prepayment given by Company.this Agreement (which notice has not been revoked in accordance with the provisions of this Agreement). ARTICLE III

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amountsamounts and shall be conclusive absent manifest error), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBO Eurodollar Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment of such funds but excluding loss of anticipated profits, which calculations shall take into account any minimum rates then applicable pursuant to the definition of the Adjusted Eurodollar Rate) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise)Loan; or (iii) if any prepayment of any of its LIBO Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower’s Representative shall compensate each the Lender, upon written request by such the Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such the Lender to lenders of funds borrowed by it to make or carry its LIBO Rate LIBOR Loans and any loss, expense or liability sustained by such the Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such the Lender may sustain: (i) if for any reason (other than a default by such the Lender) a borrowing of any LIBO Rate LIBOR Loan does not occur on a date specified therefor in a Funding Notice of Request for Advance or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate LIBOR Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBO Rate LIBOR Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO Rate LIBOR Loans is not made on any date specified in a notice of prepayment given by CompanyBorrower’s Representative.

Appears in 1 contract

Samples: Omnibus Credit Agreement (Integrated Healthcare Holdings Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company The Companies shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO Rate Loans is not made on any date specified in a notice of prepayment given by Companythe Company Representative.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding and including loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing Borrowing of any LIBO such LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice of Borrowing or a telephonic request for borrowingBorrowing, or a conversion to or continuation of any LIBO such LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that such LIBOR Rate Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is are not made on any date specified in a notice of prepayment given by CompanyBorrower; or (iv) any assignment of a LIBOR Rate Loan on a day other than the last day of the Interest Period thereof as a result of a request by Borrower pursuant to Section 3.03.

Appears in 1 contract

Samples: Credit Agreement (Fusion Telecommunications International Inc)

Compensation for Breakage or Non-Commencement of Interest Periods. Company Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth the basis for requesting such amounts), for all reasonable losses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBO LIBOR Rate Loans and any loss, expense or liability sustained by such Lender in connection with the liquidation or re‑employment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBO LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBO LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); or (iii) if any prepayment of any of its LIBO LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by CompanyAdministrative Borrower.

Appears in 1 contract

Samples: Financing Agreement (Metalico Inc)

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